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Questions and Answers
Which of the following are essential elements for a valid contract?
Which of the following are essential elements for a valid contract?
What is the purpose of a penal clause in an obligation?
What is the purpose of a penal clause in an obligation?
Which of the following are types of obligations?
Which of the following are types of obligations?
What are the sources of obligations?
What are the sources of obligations?
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A contract is perfected by the meeting of minds between the parties, even if no physical delivery of the object has taken place.
A contract is perfected by the meeting of minds between the parties, even if no physical delivery of the object has taken place.
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What are the grounds for liability in the performance of obligations?
What are the grounds for liability in the performance of obligations?
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Which of the following is a valid defense against a solidary debtor's obligation to reimburse a co-debtor after paying the entire debt?
Which of the following is a valid defense against a solidary debtor's obligation to reimburse a co-debtor after paying the entire debt?
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What is the legal effect of a fortuitous event on a determinate obligation to give?
What is the legal effect of a fortuitous event on a determinate obligation to give?
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In a contract, explain the difference between a motive and a cause.
In a contract, explain the difference between a motive and a cause.
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What are the modes of extinguishing obligations?
What are the modes of extinguishing obligations?
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Which of the following are essential elements of a contract?
Which of the following are essential elements of a contract?
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Which of the following is a type of obligation?
Which of the following is a type of obligation?
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A contract is created only when all parties agree to its terms.
A contract is created only when all parties agree to its terms.
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What are the three main sources of obligations?
What are the three main sources of obligations?
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Which of the following is NOT a consequence of a breach of contract?
Which of the following is NOT a consequence of a breach of contract?
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A contract can only be terminated by the mutual agreement of both parties.
A contract can only be terminated by the mutual agreement of both parties.
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The interpretation of contracts can only be done by judges.
The interpretation of contracts can only be done by judges.
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What is an example of a quasi-contract that creates an obligation for one party?
What is an example of a quasi-contract that creates an obligation for one party?
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What are the different types of contracts based on performance?
What are the different types of contracts based on performance?
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Which scenario would make a contract voidable?
Which scenario would make a contract voidable?
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What is a key characteristic of a void contract?
What is a key characteristic of a void contract?
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A contract can be annulled by a third party if they are directly affected by the contract.
A contract can be annulled by a third party if they are directly affected by the contract.
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Study Notes
Law and Business Law
- Law is defined as an ordinance of reason, promulgated for the common good by one who has authority over society (St. Thomas Aquinas).
- Law is a set of rules of conduct formulated by the legitimate power of the State for common observance and benefit.
- Law is defined as "a rule of conduct, just and obligatory, promulgated by legitimate authority for the common observance and benefit." (Sanchez Roman)
Sources of Law
- Constitution: The fundamental law, all other laws must conform to it, otherwise, it's unconstitutional.
- Administrative or Executive Orders, Regulations, and Rulings: Govern the nation's relationship with its citizens.
- Judicial Decisions (Jurisprudence): Interpret laws and the constitution, forming part of the legal system. Though not laws, they establish the legislative intent.
- Custom: Habits and practices that become rules of conduct through long usage, like using a door for entrance/exit.
- Other Sources: Justice, equity, decisions of foreign tribunals, opinions of legal scholars, and religion.
Classifications of Law
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Public Law: Governs the State's relationship with its inhabitants, including international, constitutional, administrative, political, and criminal law.
- International Law: Rules and principles governing relations between nations.
- Constitutional Law: Governs State-citizen relations.
- Administrative Law: Defines authorities' competence and individual remedies.
- Political Law: Deals with governmental organizations and State-inhabitant relations.
- Criminal Law: Guarantees law's enforcement through trial and punishment.
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Private Law: Governs private relations between individuals.
- Civil Law: Organizes the family and regulates property, covering relations of assistance, authority, and obedience.
- Commercial Law: Covers substantial jurisprudence involving commercial relations.
- Procedural Law (Remedial Law): Prescribes methods of enforcing rights and obtaining redress.
Definition of Obligation
- An obligation is a juridical necessity to give, to do, or not to do (Art. 1156, NCC).
- Obligations originate from the Latin word obligatio, meaning tying or binding.
- Elements of an obligation include: active subject (creditor), passive subject (debtor), object (prestation), and efficient cause (juridical tie).
- Obligations are juridical necessities, meaning courts can enforce them.
Different Kinds of Obligations
- Pure and Conditional Obligations: (Arts. 1179-1192)
- With a Period: (Arts. 1193-1198)
- Alternative and Facultative Obligations: (Arts. 1199-1206)
- Joint and Solidary Obligations: (Arts. 1207-1222)
- Divisible and Indivisible Obligations: (Arts. 1223-1225)
- With a Penal Clause: (Arts. 1226-1230)
Kinds of Obligations
- Civil obligations: Give right of action for enforcement.
- Natural obligations: Based on equity/natural law, not enforceable, but voluntary fulfillment is binding.
- Moral obligations: Not enforceable by courts, but binding in conscience.
Extra-contractual Obligations (Quasi-contracts)
- Negotiorum Gestio (unauthorized management): Voluntary management of another's property without consent.
- Solutio Indebiti (undue payment): Receipt of something with no right to demand it.
Personal and Real Rights
- Personal right (jus ad rem): Enforced only against a specific person.
- Real right (jus in re): Enforced against the whole world.
Effects of Default (Mora)
- Mora solvendi (debtor's delay): Delay in fulfilling an obligation to give/do.
- Mora accipiendi (creditor's delay): Refusal to accept a valid tender of payment.
- Compensatio morae (delay of both parties): Delay in reciprocal obligations, with each party bearing their damages.
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Description
Explore the essential principles of law and business law as defined by various scholars. This quiz covers sources of law including constitutions, administrative orders, and customs. Test your understanding of how these elements interact in legal contexts.
